Quote:
Originally Posted by Rev.Vassago
This is illegal.
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Would like to offer some sort of validation for that sladerous statement?
Here is mine, according to the IRS (whos guidlines are taken directly from National Labor Relations Board (NLRB)
(
Independent Contractor (Self-Employed) or Employee?)
Common Law Rules:
1- Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job? ***No, how the work is done is governed by the contract that 7-Forty-7 and Swift Trans, and subsequently, the contractor agrees to as terms of service.***
2- Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.) ***I controll the day i pay the contractor, and i pay according to an agreed upon number. Similar to commision, however i in no way limit the amount of a pay a driver may earn, nor do i REQUIRE the driver to anything other than the service for which pay is rendered. (ie uniforms, schedules, required production....) if you read the above i expect the truck to run a certain # of miles, i do not require it do so. However maintaining a profitable unit is part of the service i am paying the contractor for.
I also quite clearly stated "you determine what how long you have to stay out to get the miles."
AND
"Fuel is at the drivers discretion but using swift terminals GREATLY increases profit, which increases pay for all three of us. The team will run the truck, and i will only get involved if there is a problem." hmmmm..... sounds like independance to choose how and when to work. that not me controlling what times they drive and on what loads and where they stop and at what times now is it?
3-Type of Relationship: Are there written contracts****hence the term CONTRACTOTR!*** or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business? ****The relationship is based soley on the service being paid for, once the terms of the contract are fulfilled, there are no further responsibilities***
Furthermore;
If you read IRS publication 3320-102. (
http://www.irs.gov/pub/irs-utl/emporind.pdf ) it clearly states that if you can prove a prima facia case of 'reasonable basis', then the election is acceptable.
2 of those listed are: (even though you only need 1)
"Reliance on the advice of an attorney or accountant may constitute a reasonable basis"
and......
"Section 530(e)(2)(B) requires a "reasonable showing" of industry practice by showing
the taxpayer."
(TONS of o/o's classify their drivers as contractors.- including many at swift!)
*****************WHY YOU GOTTA ACT LIKE YOU KNOW WHEN YOU DONT KNOW?***************
Next time you want a gun fight, leave your little switchblade in ur pocket, ok? u might show your true ignorance or arrogance! or a bit of both!